Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

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Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

High Court: claimant who gave “misleading impression” not fundamentally dishonest – Litigation Futures

Posted April 18th, 2018 in evidence, news, personal injuries by sally

‘A personal injury claimant who gave a “misleading impression” of his injuries was not fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th April 2018

Source: www.litigationfutures.com

‘Paedophile hunter’ evidence used to charge 150 suspects – BBC News

Posted April 10th, 2018 in evidence, news, private investigators, volunteers by tracey

‘Evidence from so-called paedophile hunter groups was used to charge suspects at least 150 times last year, a BBC investigation has found. A Freedom of Information request, sent to every police force in England and Wales, showed a seven-fold increase in the use of such evidence from 2015.’

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BBC News, 10th April 2018

Source: www.bbc.co.uk

Witness “was not a reliable historian” – Practical Law: Construction Blog

Posted March 27th, 2018 in construction industry, evidence, news, witnesses by tracey

‘I like reading Fraser J’s judgments. Where else would you get phrases such as “banter in a public house during consumption of a gallon of ale (or lager)” and “quite apart from any illumination of the wisdom (or otherwise) of discussing (still less agreeing) incentive payments of such extraordinary size at an evening of drinking in the Horse & Groom”, nestled in among legal analysis? (He was talking about Blue v Ashley, which I’m sure was an interesting informal business meeting!).’

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Practical Law: Construction Blog, 27th March 2018

Source: constructionblog.practicallaw.com

Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989 – Family Law Week

Posted March 23rd, 2018 in care orders, domestic violence, evidence, families, family courts, news by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal’s judgment in R (Children) [2018] EWCA Civ 198.’

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Family Law Week, 16th March 2018

Source: www.familylawweek.co.uk

CPS rules out review of Poppi Worthington’s death – The Guardian

‘Poppi Worthington’s mother has said she may never learn the “devastating truth” behind her daughter’s death after prosecutors ruled out a review of the case.’

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The Guardian, 15th March 2018

Source: www.theguardian.com

Hillsborough disaster: CPS will not charge five police officers over deaths of 96 Liverpool fans – The Independent

‘Five police officers involved in the Hillsborough disaster and subsequent investigation will not be charged over an alleged “cover-up” over the deaths of 96 Liverpool fans.’

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The Independent, 14th March 2018

Source: www.independent.co.uk

Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it – Legal Futures

Posted March 1st, 2018 in appeals, confidentiality, evidence, news, notification, privilege, solicitors by sally

‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’

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Legal Futures, 28th February 2018

Source: www.legalfutures.co.uk

Evidence not being disclosed on a daily basis, lawyers say in survey – BBC News

Posted February 28th, 2018 in criminal justice, Crown Prosecution Service, disclosure, evidence, news, solicitors by sally

‘More than 1,000 criminal lawyers in England and Wales have experienced disclosure of evidence failings in the last year, according to a BBC survey.’

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BBC News, 27th February 2018

Source: www.bbc.co.uk

Third of all lawyers believe disclosure problems have led to miscarriages of justice – Daily Telegraph

‘The scale of the disclosure crisis facing the criminal justice system has been laid bare, after a survey found that half of all lawyers were now running into problems on a daily basis and a third saying they believed it had resulted in wrongful convictions.’

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Daily Telegraph, 27th February 2018

Source: www.telegraph.co.uk

Things children say – Disclosure, allegations and why language matters – Transparency Project

Posted February 16th, 2018 in child abuse, children, evidence, news, social services by sally

‘Earlier this month the NSPCC put out a call on twitter for professionals to respond to a survey they are running as part of the evidence gathering phase of ‘a project to support professionals to take the appropriate action when they have concerns about the safeguarding of children and young people’. That project is said to build upon an earlier project : ‘No one noticed, no one heard – A study of disclosures of childhood abuse’.’

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Transparency Project, 15th February 2018

Source: www.transparencyproject.org.uk

Court of Appeal castigates judge who thought litigant with severe depression was “putting on act” – Litigation Futures

Posted February 15th, 2018 in appeals, costs, evidence, judges, mental health, news, setting aside by sally

‘A senior circuit judge who “clearly thought” that a litigant with severe depression was “putting on an act” has been strongly attacked by the vice-president of the civil division of the Court of Appeal.’

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Litigation Futures, 15th February 2018

Source: www.litigationfutures.com

The challenge of expert evidence – Counsel

Posted February 12th, 2018 in cross-examination, evidence, expert witnesses, news by tracey

‘Avoid the pitfalls of probabilistic reasoning and examine expert evidence with more confidence: Colin McCaul QC introduces new guidance from the Inns of Court College of Advocacy and the Royal Statistical Society.’

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Counsel, February 2018

Source: www.counselmagazine.co.uk

Supreme Court backs Chevron over use of new evidence in appeal over HSE prohibition notice – OUT-LAW.com

Posted February 9th, 2018 in evidence, health & safety, news, offshore installations, Scotland, Supreme Court by tracey

‘Tribunals are entitled to take into account additional evidence that was not available to the health and safety inspector when considering an appeal against a prohibition notice, the UK’s highest court has confirmed.’

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OUT-LAW.com, 8th February 2018

Source: www.out-law.com

Judge takes swipe at “collapsing” justice system as CPS failures cause yet another sex trial to collapse – Daily Telegraph

‘A judge has taken a swipe at the “collapsing” justice system as CPS failures cause yet another sex trial to collapse.’

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Daily Telegraph, 1st February 2018

Source: www.telegraph.co.uk

Collapsed trial woman says she gave birth ‘alone’ in prison – BBC News

‘A woman held in custody for more than 13 months before her trial collapsed has told the BBC she hopes someone will be punished for the failures which led to her giving birth in prison.’

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BBC News, 31st January 2018

Source: www.bbc.co.uk

People trafficking case collapses over disclosure failings – BBC News

Posted January 30th, 2018 in disclosure, evidence, news, prostitution, trafficking in human beings, trials by sally

‘A judge has ordered the Crown Prosecution Service to explain itself in a case that collapsed because social media evidence was not disclosed.’

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BBC News, 26th January 2018

Source: www.bbc.co.uk

UK rape complainants ‘face unfair questions about sexual history’ – The Guardian

Posted January 29th, 2018 in criminal procedure, cross-examination, evidence, news, rape by sally

‘Complainants in rape cases are being subjected to invasive and unfair questioning about their sexual history, according to a cross-party campaign supporting tighter restrictions on cross-examination in trials.’

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The Guardian, 29th January 2018

Source: www.theguardian.com

Criminal allegations against the dead – Law & Religion UK

Posted January 24th, 2018 in child abuse, Church of England, clergy, confidentiality, evidence, news, sexual offences by tracey

‘On 22 January 2018, the House of Lords debated the naming of deceased individuals against whom criminal allegations have been made, for which specific reference was made to the Carlile Report on the handling of the Bishop George Bell issue. This was particularly timely in view of the controversy that has arisen relating to the Church of England’s position relating to confidentiality.’

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Law & Religion UK, 24th January 2018

Source: www.lawandreligionuk.com

Hundreds of cases dropped over evidence disclosure failings – BBC News

Posted January 24th, 2018 in Crown Prosecution Service, disclosure, evidence, news, police, rape, statistics by tracey

‘The number of prosecutions in England and Wales that collapsed because of a failure by police or prosecutors to disclose evidence increased by 70% in the last two years, the BBC can reveal.’

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BBC News, 24th January 2018

Source: www.bbc.co.uk